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STATE OF NEW YORK

S. 6355

A. 8555

SENATE - ASSEMBLY

January 21, 2014

IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance

IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means

AN ACT to amend the vehicle and traffic law, in relation to the revoca- tion of driver's licenses for multiple convictions of driving while intoxicated, civil penalties, and aggravated unlicensed operation of a motor vehicle; and to repeal certain provisions of such law relating thereto (Part A); to amend the vehicle and traffic law, in relation to the suspension and revocation of certain driver's licenses for violations relating to the use of mobile telephones and portable elec- tronic devices while driving and increased fines for such violations (Part B); to amend chapter 503 of the laws of 2009, relating to the disposition of monies recovered by county district attorneys before the filing of an accusatory instrument, in relation to the effective- ness thereof (Part C); to amend the tax law, in relation to suspending the transfer of monies into the emergency services revolving loan fund from the public safety communications account (Part D); to amend the civil service law, in relation to the reimbursement of medicare premi- um charges (Part E); to amend the civil service law, the state tech- nology law, the general municipal law and the public officers law, in relation to supporting the consolidation of state information technol- ogy resources (Part F); to amend chapter 410 of the laws of 2009, amending the state finance law relating to authorizing the aggregate purchases of energy for state agencies, institutions, local govern- ments, public authorities and public benefit corporations and chapter 97 of the laws of 2011, amending the state finance law and other laws relating to providing certain centralized service to political subdi- visions and extending the authority of the commissioner of general services to aggregate purchases of energy for state agencies and poli- tical subdivisions, in relation to extending the expiration dates for the provision of certain centralized services and purchasing authori- zations (Part G); to amend the criminal procedure law, in relation to the prosecution of misconduct by public servants, and in relation to

EXPLANATION--Matter in

italics

(underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD12670-01-4

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including corrupting the government within the definition of a desig- nated offense; to amend the penal law, in relation to establishing the crime of corrupting the government, requires the intent to influence within the crime of bribery, and expands the crime of bribe receiving; to amend the legislative law, in relation to lobbying; to amend the state finance law, in relation to cancellation and disqualification of certain contracts; to amend the civil practice law and rules, in relation to including the crime of public corruption within the term of preconviction forfeiture crime; to amend the public officers law, in relation to persons deemed incapable of holding a civil office; to amend the real property tax law, in relation to certain exemption limitations; to amend the general municipal law, in relation to limi- tations on empire zone designation; to amend the tax law, in relation to certain tax credit limitations; to amend the public officers law, in relation to financial disclosure and to repeal section 195.20 of the penal law relating to defrauding the government (Subpart A); to amend the election law, in relation to the state board of elections chief enforcement counsel; and to amend the criminal procedure law, in relation to the chief enforcement counsel of the state board of elections (Subpart B); to amend the election law, in relation to campaign finance reform and in relation to campaign contribution limits and penalties for violations (Subpart C); and to amend the election law, in relation to campaign receipts and expenditures; to amend the election law, in relation to contribution and receipt limi- tations; to amend the election law, in relation to public financing; to amend the state finance law, in relation to the New York state campaign finance fund; and to amend the tax law, in relation to the New York state campaign finance fund check-off (Subpart D) (Part H); and to provide for the administration of certain funds and accounts related to the 2014-15 budget, authorizing certain payments and trans- fers; to amend the state finance law, in relation to school tax relief fund; to amend the state finance law, in relation to payments, trans- fers and deposits; to amend the state finance law, in relation to the period for which appropriations can be made; to transfer certain employees of the division of military and naval affairs to the office of general services; to amend the state finance law, in relation to the issuance of bonds and notes; to amend the state finance law, in relation to the general fund; to amend the New York state urban devel- opment corporation act, in relation to funding project costs for certain capital projects; to amend chapter 389 of the laws of 1997, relating to the financing of the correctional facilities improvement fund and the youth facility improvement fund, in relation to the issu- ance of bonds; to amend the private housing finance law, in relation to housing program bonds and notes; to amend chapter 329 of the laws of 1991, amending the state finance law and other laws relating to the establishment of the dedicated highway and bridge trust fund, in relation to the issuance of bonds; to amend the public authorities law, in relation to the dormitory authority; to amend chapter 61 of the laws of 2005, providing for the administration of certain funds and accounts related to the 2005-2006 budget, in relation to issuance of bonds by the urban development corporation; to amend the New York state urban development corporation act, in relation to the Clarkson- trudeau partnership, the New York genome center, the Cornell Universi- ty college of veterinary medicine, the Olympic regional development authority, a project at nano Utica, Onondaga county revitalization projects; to amend the public authorities law, in relation to the

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state environmental infrastructure projects; to amend the state finance law, in relation to the New York state storm recovery capital fund; to amend the New York state urban development corporation act, in relation to authorizing the urban development corporation to issue bonds to fund project costs for the implementation of a NY-CUNY chal- lenge grant program; to amend chapter 81 of the laws of 2002, provid- ing for the administration of certain funds and accounts related to the 2002-2003 budget, in relation to increasing the aggregate amount of bonds to be issued by the New York state urban development corpo- ration; to amend the public authorities law, in relation to financing of peace bridge and transportation capital projects; to amend the public authorities law, in relation to dormitories at certain educa- tional institutions other than state operated institutions and statu- tory or contract colleges under the jurisdiction of the state univer- sity of New York; to amend the public authorities law, in relation to authorization for the issuance of bonds for the capital restructuring bond finance program; to amend chapter 389 of the laws of 1997, providing for the financing of the correctional facilities improvement fund and the youth facility improvement fund, in relation to the issu- ance of bonds; to amend the public authorities law, in relation to environmental remediation; to amend the New York state medical care facilities finance agency act, in relation to bonds and mental health facilities improvement notes and providing for the repeal of certain provisions upon expiration thereof (Part I)

 

The

People

of the State of New York, represented in Senate and Assem-

bly,

do

enact as follows:

 

1

Section 1. This act enacts into law major components of legislation

2

which are necessary to implement the state fiscal plan for the 2014-2015

3

state fiscal year. Each component is wholly contained within a Part

4

identified as Parts A through I. The effective date for each particular

5

provision contained within such Part is set forth in the last section of

6

such Part. Any provision in any section contained within a Part, includ-

7

ing the effective date of the Part, which makes a reference to a section

8

"of this act", when used in connection with that particular component,

9

shall be deemed to mean and refer to the corresponding section of the

10

Part in

which

it

is found. Section three of this act sets forth the

11

general effective date of this act.

 

12

PART A

13

Section 1. Subparagraph 1-a of

paragraph

(b)

of

subdivision 2 of

14

section 1193 of the vehicle and traffic law is REPEALED.

15

§ 2. Paragraph (b) of subdivision 2 of section 1193 of the vehicle and

16

traffic law

is

amended by

adding

a new subparagraph 3-a to read as

17

follows:

 

18

(3-a)

Driving while ability impaired or while intoxicated or while

19

ability

impaired by the combined influence of drugs or of alcohol and

20

any

drug

or

drugs or aggravated

driving while intoxicated; prior

21

offenses

within three years. Five years, where the holder is convicted

22

of

a violation of subdivision one, two, two-a, three, four or four-a of

23

section

eleven hundred ninety-two of this article committed within three

24

years

of a conviction for a violation of any subdivision of section

25

eleven

hundred ninety-two of this article.

 

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1

§ 3. Clause (a) of subparagraph 12 of paragraph (b) of subdivision 2

2

of section 1193 of the vehicle and traffic law, as added by chapter 732

3

of the laws of 2006, is amended to read as follows:

 

4

(a) Notwithstanding any other provision of this chapter to the contra-

5

ry, whenever a revocation is imposed upon a person for the refusal to

6

submit to a chemical test pursuant to the provisions of section eleven

7

hundred ninety-four of this article or conviction for any violation of

8

section eleven hundred ninety-two of this article for which a sentence

9

of imprisonment may be imposed

or

an out-of-state conviction for operat-

10

ing

a motor vehicle while under the influence of alcohol or drugs or a

11

conviction

of a violation of the penal law for which a violation of such

12

section

eleven hundred ninety-two is an essential element, and such

13

person has[: (i) within the previous four years]

previously

been twice

14

convicted of any provisions of section eleven hundred ninety-two of this

15

article

or

an out-of-state conviction for operating a motor vehicle

16

while

under the influence

of alcohol or drugs or a violation of the

17

penal law for which a violation of such section eleven hundred ninety-

18

two is an essential element [and at least one such conviction was for a

19

crime], or has

previously

twice been found to have refused to submit to

20

a chemical test pursuant to section eleven hundred ninety-four of this

21

article, or has any combination of two such convictions and findings of

22

refusal not arising out of the same incident[; or (ii) within the previ-

23

ous eight years been convicted three times of any provision of section

24

eleven hundred ninety-two of this article for which a sentence of impri-

25

sonment may be imposed or a violation of the penal law for which a

26

violation of such section eleven hundred ninety-two is an essential

27

element and at least two such convictions were for crimes, or has been

28

found, on three separate occasions, to have refused to submit to a chem-

29

ical test pursuant to section eleven hundred ninety-four of this arti-

30

cle, or has any combination of such convictions and findings of refusal

31

not arising out of the same incident], such revocation shall be perma-

32

nent.

33

§ 4. Subparagraph 2 of paragraph (d) of subdivision 2 of section 1194

34

of the vehicle and traffic law, as amended by chapter 732 of the laws of

35

2006, is amended to read as follows:

 

36

(2) Civil penalties. Except as otherwise provided, any person whose

37

license, permit to drive, or any non-resident operating privilege is

38

revoked pursuant to the provisions of this section shall also be liable

39

for a civil penalty in the amount of five hundred dollars except that if

40

such revocation is a second or subsequent revocation pursuant to this

41

section issued within a five year period, or such person has been

42

convicted of a violation of any subdivision of section eleven hundred

43

ninety-two of this article within the past five years not arising out of

44

the same incident, the civil penalty shall be in the amount of [seven

45

hundred fifty]

one

thousand dollars. Any person whose license is revoked

46

pursuant to the provisions of this section based upon a finding of

47

refusal to submit to a chemical test while operating a commercial motor

48

vehicle shall also be liable for a civil penalty of five hundred fifty

49

dollars except that if such person has previously been found to have

50

refused a chemical test pursuant to this section while operating a

51

commercial motor vehicle or has a prior conviction of any of the follow-

52

ing offenses while operating a commercial motor vehicle: any violation

53

of section eleven hundred ninety-two of this article; any violation of

54

subdivision two of section six hundred of this chapter; or has a prior

55

conviction of any felony involving the use of a commercial motor vehicle

56

pursuant to paragraph (a) of subdivision one of section five hundred

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1

ten-a of this chapter, then the civil penalty shall be [seven hundred

2

fifty]

one

thousand dollars. No new driver's license or permit shall be

3

issued, or non-resident operating privilege restored to such person

4

unless such penalty has been paid. All penalties collected by the

5

department pursuant to the provisions of this section shall be the prop-

6

erty of the state and shall be paid into the general fund of the state

7

treasury.

 

8

§ 5. Paragraph (b) of subdivision 3 of section 511 of the vehicle and

9

traffic law, as separately amended by chapters 786 and 892 of the laws

10

of 1990, is amended to read as follows:

 

11

(b) Aggravated unlicensed operation of a motor vehicle in the first

12

degree is a class E felony. When a person is convicted of

this crime,

13

the sentence of the court must be: (i) a fine in an amount not less than

14

[five hundred]

one

thousand dollars nor more than five thousand dollars;

15

and (ii) a term of imprisonment as provided in the penal law, or (iii)

16

where appropriate and a term of imprisonment is not required by the

17

penal law, a sentence of probation as provided in subdivision six of

18

this section, or (iv) a term of imprisonment as a condition of a

19

sentence of probation as provided in the penal law.

 

20

§ 6. Clauses (b), (c), (d) and (e) of subparagraph 12 of paragraph (b)

21

of subdivision 2 of section 1193 of the vehicle and traffic law are

22

REPEALED and clause (f) is relettered clause (b).

 

23

§ 7. This act shall take effect on the first of November next succeed-

24

ing the date on which it shall have become a law.

 

25

PART B

26

Section 1. Subparagraphs (x) and (xi) of paragraph a of subdivision 2

27

of section 510 of the vehicle and traffic law, as added by chapter 571

28

of the laws of 2006, are amended and a new subparagraph (xii) is added

29

to read as follows:

 

30

(x) of a traffic infraction for a subsequent violation of article

31

twenty-six of this chapter and the commission of such violation caused

32

serious physical injury to another person and such subsequent violation

33

occurred within eighteen months of a prior violation of any provision of

34

article twenty-six of this chapter where the commission of such prior

35

violation caused the serious physical injury or death of another person;

36

[or]

37

(xi) of a traffic infraction for a subsequent violation of article

38

twenty-six of this chapter and the commission of such violation caused

39

the death of another person and such subsequent violation occurred with-

40

in eighteen months of a prior violation of any provision of article

41

twenty-six of this chapter where the commission of such prior violation

42

caused the serious physical injury or death of another person[.]; or

43

(xii)

of a second or subsequent violation

of section twelve hundred

44

twenty-five-c

or section twelve hundred twenty-five-d of this chapter,

45

where

such

person

was

under the age of twenty-one at the time of the

46

commission

of such violations.

 

47

§ 2. Paragraph b of subdivision 2 of section 510 of the vehicle and

48

traffic law, is amended by adding a new subparagraph (xvi) to read as

49

follows:

 

50

(xvi)

for a period of one year where

the holder is convicted of a

51

violation

of section twelve hundred twenty-five-c or section twelve

52

hundred

twenty-five-d of this chapter, where such person was under the

53

age

of twenty-one at the time of the commission of such violation.

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1

§ 3. Subdivision 6 of section 510 of the vehicle and traffic law is

2

amended by adding a new paragraph n to read as follows:

3

n.

Where revocation is mandatory pursuant to subparagraph (xii) of

4

paragraph

a of subdivision two of this section, no new license shall be

5

issued

for at least one year, nor thereafter except in the discretion of

6

the

commissioner.

7

§ 4. Section 510-c of the vehicle and traffic law is amended by adding

8

a new subdivision 3 to read as follows:

 

9

3.

Any suspension or revocation required under this section for a

10

violation

of section twelve hundred twenty-five-c or section twelve

11

hundred

twenty-five-d of this chapter shall be subject to the provisions

12

of

subdivision two of section five hundred ten of this article.

13

§ 5. Subdivision 4 of section 1225-c of the vehicle and traffic law,

14

as amended by section 1 of part C of chapter 55 of the laws of 2013, is

15

amended to read as follows:

 

16

4. A violation of subdivision two of this section shall be a traffic

17

infraction and shall be punishable by a fine of not less than fifty

18

dollars nor more than [one hundred fifty]

two

hundred dollars upon

19

conviction of a first violation; upon conviction of a second violation,

20

both of which were committed within a period of eighteen months, such

21

violation shall be punished by a fine of not less than fifty dollars nor

22

more than [two]

three

hundred dollars; upon conviction of a third or

23

subsequent violation, all of which were committed within a period of

24

eighteen months, such violation shall be punished by a fine of not less

25

than fifty dollars nor more than [four]

five

hundred dollars.

26

§ 6. Subdivision 6 of section 1225-d of the vehicle and traffic law,

27

as amended by section 2 of part C of chapter 55 of the laws of 2013, is

28

amended to read as follows:

 

29

6. A violation of this section shall be a traffic infraction and shall

30

be punishable by a fine of not less than fifty dollars nor more than

31 [one hundred fifty]

two hundred

dollars upon conviction of a first

32

violation; upon conviction of a second violation, both of which were

33

committed within a period of eighteen months, such violation shall be

34

punished by a

fine of not less than fifty dollars nor more than [two]

35

three

hundred dollars; upon

conviction of a third or subsequent

36

violation, all of which were committed within a period of eighteen

37

months, such violation shall be punished by a fine of not less than

38

fifty dollars nor more than [four]

five

hundred dollars.

39

§ 7. This act shall take effect on the first of November next succeed-

40

ing the date on which it shall have become a law.

41

PART C

 

42

Section

1.

Section

2

of

part H of chapter 503 of the laws of 2009

43

relating to the disposition of monies recovered by county district

44

attorneys before the filing of an accusatory instrument, as amended by

45

section 1 of part F of chapter 55 of the laws of 2013, is amended to

46

read as follows:

 

47

§ 2. This act shall take effect immediately and shall remain in full

48

force and effect until March 31, [2014]

2015,

when it shall expire and

49

be deemed repealed.

 

50

§

2.

This

act shall take effect immediately and shall be deemed to

51

have been in full force and effect on and after March 31, 2014.

52

PART D

 

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1

Section 1. Paragraph (b) of subdivision 6 of section 186-f of the tax

2

law, as

amended by section 1 of part D of chapter 57 of the laws of

3

2011, is amended to read as follows:

 

4

(b) The sum of one million five hundred thousand dollars must be

5

deposited into the New York state emergency services revolving loan fund

6

annually; provided, however, that such sums shall not be deposited for

7

state fiscal years two thousand eleven--two thousand twelve [and],_ two

8

thousand twelve--two thousand thirteen,

two

thousand fourteen--two thou-

9

sand

fifteen, two thousand fifteen--two thousand sixteen, two thousand

10

sixteen--two

thousand seventeen and two thousand seventeen--two thousand

11

eighteen;

12

§ 2. This act shall take effect immediately.

 

13

PART E

14

Section 1. Section 167-a of the civil service law, as amended by

15

section 1 of part I of chapter 55 of the laws of 2012, is amended to

16

read as follows:

 

17

§ 167-a. Reimbursement for medicare premium charges. Upon exclusion

18

from the coverage of the health benefit plan of supplementary medical

19

insurance benefits for which an active or retired employee or a depend-

20

ent covered by the health benefit plan is or would be eligible under the

21

federal old-age, survivors and disability insurance program, an amount

22

equal to the

standard

medicare premium charge without

any

income-related

23

adjustment

for such supplementary medical insurance benefits for such

24

active or retired employee and his or her dependents, if any, shall be

25

paid monthly or at other intervals to such active or retired employee

26

from the health insurance fund. Where appropriate, such amount may be

27

deducted from contributions payable by the employee or retired employee;

28

or where appropriate in the case of a retired employee receiving a

29

retirement allowance, such amount may be included with payments of his

30

or her retirement allowance. All state employer, employee, retired

31

employee and dependent contributions to the health insurance fund,

32

including contributions from public authorities, public benefit corpo-

33

rations or other quasi-public organizations of the state eligible for

34

participation in the health benefit plan as authorized by subdivision

35

two of section one hundred sixty-three of this article, shall be

36

adjusted as necessary to cover the cost of reimbursing federal old-age,

37

survivors and disability insurance program premium charges under this

38

section. This cost shall be included in the calculation of premium or

39

subscription charges for health coverage provided to employees and

40

retired employees of the state, public authorities, public benefit

41

corporations or other quasi-public organizations of the state; provided,

42

however, the state, public authorities, public benefit corporations or

43

other quasi-public organizations of the state shall remain obligated to

44

pay no less than its share of such increased cost consistent with its

45

share of premium or subscription charges provided for by this article.

46

All other employer contributions to the health insurance fund shall be

47

adjusted as necessary to provide for such payments.

 

48

§ 2. This act shall take effect immediately and shall be deemed to

49

have been in full force and effect on and after January 1, 2014.

50

PART F

51

Section 1. The civil service law is amended by adding a new section

52

66-a to read as follows:

 

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1

§

66-a. Term appointments in information technology positions. 1.

2

Notwithstanding

any other provision of law, the department may authorize

3

term

appointments without examination to temporary positions requiring

4

special

expertise or qualifications in information technology. Such

5

appointments

may be authorized only in such cases where the office of

6

information

technology services certifies to the department that because

7

of

the type of services to be rendered or the temporary or occasional

8

character

of such services, it would not be practicable to hold an exam-

9

ination

of any kind. Such certification shall be a public document

10

pursuant

to the public officers law

and

shall identify the special

11

expertise

or qualifications that are required and why they cannot be

12

obtained

through an appointment from an eligible list. The maximum peri-

13

od

for a term appointment established pursuant to this subdivision shall

14

not

exceed sixty months and shall

not

be

extended, and the maximum

15

number

of such appointments shall not exceed three hundred. At least

16

fifteen

days prior to making a term appointment pursuant to this section

17

the

appointing authority shall publicly and conspicuously post in its

18

offices

information about the temporary position and the required quali-

19

fications

and shall allow any qualified employee to apply for said posi-

20

tion.

An employee appointed pursuant to this provision who has completed

21

two

years of continuous service under this provision shall be able to

22

compete

in one promotional examination that is also open to employees

23

who

have permanent civil service appointments and appropriate qualifica-

24

tions.

 

25

2.

A temporary position established pursuant to subdivision one of

26

this

section may be abolished for reasons of economy, consolidation or

27

abolition

of functions, curtailment of activities or otherwise. Upon

28

such

abolition or at the end

of

the

term

of

the appointment, the

29

provisions

of sections seventy-eight, seventy-nine, eighty and eighty-

30

one

of this chapter shall not apply. In the

event

of

a

reduction of

31

workforce

pursuant to section eighty of this chapter affecting informa-

32

tion

technology positions, the term appointments pursuant to this

33

section

at the office of information technology services shall be abol-

34

ished

prior to the abolition of permanent competitive class information

35

technology

positions at the office of information technology services

36

involving

comparable skills and responsibilities.

 

37

3.

(a) Notwithstanding any provision

of

law

to

the contrary, the

38

department

may limit certification from the following eligible lists to

39

those

eligibles identified as having knowledge, skills or certif-

40

ications,

or any combination thereof, identified by the appointing

41

authority

as necessary to perform the duties of certain positions:

42

35-382

Information Technology Specialist 4 G-25

 

43

35-383

Information Technology Specialist 4 (Data Communications) G-25

44

35-384

Information Technology Specialist 4 (Database) G-25

 

45

35-386

Information Technology Specialist 4 (Systems Programming) G-25

46

35-387

Manager Information Technology Services 1 G-27

 

47

35-388

Manager Information Technology Services 1 (Data Communications)

48

G-27

49

35-389

Manager Information Technology Services 1 (Database) G-27

50

35-391

Manager Information Technology Services 1 (Systems Programming)

51

G-27

52

35-392

Manager Information Technology Services 1 (Technical) G-27.

53

(b)

No such limitation on certification shall occur until a skill-set

54

inventory

is conducted for all persons on any list so limited.

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1

§

2.

Subdivision 21 of section 103 of the state technology law, as

2

added by section 4 of part N of chapter 55

of the laws of 2013, is

3

amended and a new subdivision 7-a is added to read as follows:

4

7-a.

To provide technology services via agreements with:

 

5

(a)

municipal corporations, public benefit corporations and district

6

corporations

as defined in section sixty-six of the general construction

7

law;

8

(b)

political subdivisions as defined in section one hundred of the

9

general

municipal law;

10

(c)

public authorities;

11

(d)

soil and water conservation districts;

 

12

(e)

any unit of the state university and city university of New York

13

pursuant

to and consistent with sections three hundred fifty-five and

14

sixty-two

hundred eighteen of the education law;

 

15

21. Notwithstanding the provisions of section one hundred sixty-three

16

of the state finance law, section one hundred three of the general

17

municipal law, article four-C of the economic development law, or any

18

other provision of law relating to the award of public contracts, any

19

officer, body, or agency of New York state, public corporation, or other

20

public entity subject to such provisions of law shall be authorized to

21

enter individually or collectively into contracts with the not-for-pro-

22

fit corporation that operates the multi-state information sharing and

23

analysis center for the provision of services through September thirti-

24

eth, two thousand [fourteen]

fifteen

related to cyber security includ-

25

ing, but not limited to, monitoring, detecting, and responding to cyber

26

incidents, and such contracts may be awarded without compliance with the

27

procedures relating to the procurement of services set forth in such

28

provisions of law. Such contracts shall, however, be subject to the

29

comptroller's existing authority to approve contracts where such

30

approval is required by section one hundred twelve of the state finance

31

law or otherwise. Such officers, bodies, or agencies may pay the fees or

32

other amounts specified in such contracts in consideration of the cyber

33

security services to be rendered pursuant to such contracts.

 

34

§ 3. Section 99-r of the general municipal law, as amended by section

35

1 of subpart B of part C of chapter 97 of the laws of 2011, is amended

36

to read as follows:

 

37

§ 99-r. Contracts for services. Notwithstanding any other provisions

38

of law to the contrary, the governing board of any municipal corporation

39

may enter into agreements and/or contracts with any state agency includ-

40

ing any department, board, bureau, commission, division, office, coun-

41

cil, committee, or officer of the state, whether permanent or temporary,

42

or a public benefit corporation or public authority, or a soil and water

43

conservation district, and any unit of the state university of New York,

44

pursuant to and consistent with sections three hundred fifty-five and

45

sixty-three hundred one of the education law within or without such

46

municipal corporation to provide or receive fuel, equipment, maintenance

47

and repair, supplies, water supply, street sweeping or maintenance,

48

sidewalk maintenance, right-of-way maintenance, storm water and other

49

drainage, sewage disposal, landscaping, mowing,

technology

services, or

50

any other services of government. Such state agency, soil and water

51

conservation district, or unit of the state university of New York,

52

within the limits of any specific statutory appropriation authorized and

53

made available therefor by the legislature or by the governing body

54

responsible for the operation of such state agency, soil and water

55

conservation district, or unit of the state university of New York may

56

contract with any municipal corporation for such services as herein

AB

S. 6355

10

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1

provided and may provide, in agreements and/or contracts entered into

2

pursuant to this section, for the reciprocal provision of services or

3

other consideration of approximately equivalent value, including, but

4

not limited to, routine and/or emergency services, monies, equipment,

5

buildings and facilities, materials or a commitment to provide future

6

routine and/or emergency services, monies, equipment, buildings and

7

facilities or materials. Any such contract may be entered into by direct

8

negotiations and shall not be subject to the provisions of section one

9

hundred three of this chapter.

10

§ 4. (a) Notwithstanding any provision of law to the contrary, any

11

person employed in the exempt class positions of employee program asso-

12

ciate, employee program assistant, confidential stenographer, or confi-

13

dential assistant by the governor's office of employee relations, and

14

any person employed in the exempt class positions of employee program

15

associate or employee program assistant by the labor management commit-

16

tee, and any person employed in the exempt class positions of manager of

17

information services or information technology specialist by the joint

18

commission on public ethics immediately prior to being transferred to

19

the office of information technology services pursuant to subdivision 2

20

of section 70 of the civil service law, and who, immediately prior ther-

21

eto was performing information technology functions, shall be entitled

22

to permanent appointment in similar or corresponding titles in the

23

competitive class as determined by the department of civil service and

24

shall continue to hold such position in the office of information tech-

25

nology services without further examination. No such employee trans-

26

ferred to the office of information technology services shall be subject

27

to a new probationary term, provided, however, that any employee in

28

probationary status at the time of the transfer shall be required to

29

complete that probationary term at the office of information technology

30

services under the same terms and conditions as were applicable to him

31

or her while employed at the governor's office of employee relations,

32

the labor management committee or the joint commission on public ethics.

33

(b) No employee whose position is re-classified pursuant to this

34

section or section five or six of this act shall suffer a reduction in

35

basic salary as a result of such re-classification and shall continue to

36

receive, at a minimum, the salary that such employee received while

37

employed by the governor's office of employee relations, the labor

38

management committee or the joint commission on public ethics.

39

§ 5. Notwithstanding any provision of law to the contrary, the civil

40

service department may re-classify any person employed in a permanent,

41

classified, competitive position immediately prior to being transferred

42

to the office of information technology services pursuant to subdivision

43

2 of section 70 of the civil service law to align with the duties and

44

responsibilities of their positions upon transfer. Permanent employees

45

whose positions are subsequently reclassified to align with the duties

46

and responsibilities of their positions upon being transferred to the

47

office of information technology services pursuant to subdivision 2 of

48

section 70 of the civil service law shall hold such positions without

49

further examination or qualification. Notwithstanding any other

50

provision of this act, the names of those competitive permanent employ-

51

ees on promotion eligible lists in their former agency or department

52

shall be added and interfiled on a promotion eligible list in the new

53

department, as the state civil service department deems appropriate.

54

§ 6. Notwithstanding any provision of law to the contrary, the civil

55

service department may re-classify any person employed in the exempt

56

class positions of employee program associate, employee program assist-

AB

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11

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1

ant, confidential stenographer, or confidential assistant by the gover-

2

nor's office of employee relations, and any person employed in the

3

exempt class positions of employee program associate or employee program

4

assistant by the labor management committee, and any person employed in

5

the exempt class positions of manager of information services or infor-

6

mation technology specialist by the joint commission on public ethics,

7

immediately prior to being transferred to the office of information

8

technology services pursuant to subdivision 2 of section 70 of the civil

9

service law to align with the duties and responsibilities of their posi-

10

tions upon transfer.

Permanent employees whose positions are subse-

11

quently re-classified to align with the duties and responsibilities of

12

their positions upon being transferred to the office of information

13

technology services pursuant to subdivision 2 of section 70 of the civil

14

service law shall hold such positions without further examination or

15

qualification.

 

16

§ 7. Subdivision 8 of section 73 of the public officers law is amended

17

by adding a new paragraph (j) to read as follows:

 

18

(j)

The provisions of subparagraph (i) of paragraph (a) of this subdi-

19

vision

shall not apply to any former temporary state officer or employee

20

who

was hired subject to chapter five hundred of the laws of two thou-

21

sand

nine and who either did not receive a high enough score on a civil

22

service

examination or did not take a civil service examination because

23

no

promotional examination was offered prior to his or her termination.

24

On

or before the date of such termination of employment, the state agen-

25

cy

shall provide to the terminated employee a written certification that

26

the

employee has been terminated because the employee either did not

27

receive

a high enough score on a civil service examination or did not

28

take

a civil service examination because no promotional examination was

29

offered

prior to his or her termination.

The written certification

30

shall

also contain a notice describing the rights and responsibilities

31

of

the employee pursuant to the provisions of this section. The certif-

32

ication

and notice shall contain the information and shall be in the

33

form

set forth below:

 

34

CERTIFICATION

AND NOTICE

35

TO:

Employee's Name:

36

State

Agency:

37

Date

of Termination:

 

38

I,

(name and title) of (state agency), hereby certify that you have been

39

terminated

from state service because you either did not receive a high

40

enough

score

on

a

civil

service examination or did not take a civil

41

service

examination because no promotional examination was offered prior

42

to

your termination. Therefore, you are covered by the provisions of

43

paragraph

(j) of subdivision eight of section seventy-three of the

44

public

officers law.

 

45

You

were

designated

as

a

policymaker:

 

YES

NO

46

47

(TITLE)

 

48

TO

THE EMPLOYEE:

49

This

certification affects your right to engage in certain activities

50

after

you leave state service.

 

51

Ordinarily,

employees who leave state service

 

may

not

for

two years

52

appear

or practice before their former agency or receive compensation

53

for

rendering services on a matter before their former agency. However,

54

because

of this certification, you may be exempt from this restriction.

55

If

you were not designated as a policymaker

by

your

agency,

you

are

56

automatically

exempt. You may, upon leaving state service, immediately

AB

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12

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1

appear,

practice or receive compensation for services rendered before

2

your

former agency.

3

If

you were designated as a policymaker by your agency, you are eligible

4

to

apply for an exemption to the Joint Commission on Public Ethics at

5

540

Broadway, Albany, New York 12207. Even if you are or become exempt

6

from

the two year bar, the lifetime bar of the revolving door statute

7

will

continue to apply to you. You may not appear, practice, communicate

8

or

otherwise render services before any state agency in relation to any

9

case,

proceeding, application or transaction with respect to which you

10

were

directly concerned and in which you personally participated during

11

your

state service, or which was under your active consideration. If you

12

have

any questions about the application of the post-employment

13

restrictions

to your circumstances, you may contact the Joint Commission

14

on

Public Ethics.

15

§ 8. This act shall take effect immediately.

 

16

PART G

17

Section 1. Section 3 of chapter 410 of the laws of 2009, amending the

18

state finance law relating to authorizing the aggregate purchases of

19

energy for state agencies, institutions, local governments, public

20

authorities and public benefit corporations, as amended by chapter 68 of

21

the laws of 2011, is amended to read as follows:

 

22

§ 3. This act shall take effect immediately and shall expire and be

23

deemed repealed July 31, [2015]

2020.

24

§ 2. Section 9 of subpart A of part C of chapter 97 of the laws of

25

2011, amending the state finance law and other laws relating to provid-

26

ing certain centralized service to political subdivisions and extending

27

the authority of the commissioner of general services to aggregate

28

purchases of energy for state agencies and political subdivisions, is

29

amended to read as follows:

 

30

§ 9. This act shall take effect immediately, provided, however that:

31

1. sections one, four, five, six and seven of this act shall expire

32

and be deemed repealed [3 years after they shall have become a law]

July

33

31,

2020;

34

2. the amendments to subdivision 4 of section 97-g of the state

35

finance law made by section two of this act shall [not affect]

survive

36

the expiration and reversion of such subdivision as provided in section

37

3 of chapter 410 of the laws of 2009[, and shall expire and be deemed

38

repealed therewith],

as

amended;

39

3. sections four, five, six and seven of this act shall apply

to

any

40

contract let or awarded on or after such effective date.

41

§ 3. This act shall take effect immediately and shall be deemed to

42

have been in full force and effect on and after April 1, 2014.

 

43

PART H

44

Section 1. This act enacts into law major components of legislation

45

which are necessary to implement the state fiscal plan for the 2014-15

46

state fiscal year and to strengthen enforcement of the election law,

47

reform campaign financing and enhance the public's trust in state

48

government. Each component is wholly contained within a Subpart identi-

49

fied as Subparts A through D. The effective date for each particular

50

provision contained within such Subpart is set forth in the last section

51

of such Subpart. Any provision in any section contained within a

52

Subpart, including the effective date of the Subpart, which makes a

AB

S. 6355

13

A. 8555

1

reference to a section "of this act", when used in connection with that

2

particular component, shall be deemed to mean and refer to the corre-

3

sponding section of the Subpart in which it is found. Section three of

4

this act sets forth the general effective date of this act.

 

5

SUBPART A

 

6

Section 1. This act shall be known as the "Public Trust Act".

 

7

§

2.

Paragraph (b) of subdivision 3 of section 30.10 of the criminal

8

procedure law is amended to read as follows:

 

9

(b) A prosecution for any offense involving misconduct in public

10

office by a public servant

including,

without limitation, an offense

11

defined

in article four hundred ninety-six of

 

the

penal

law,

may be

12

commenced

against

a

public servant, or any other person acting in

13

concert

with such public servant at any time during [the defendant's]

14

such

public servant's service in such office or within five years after

15

the termination of such service; provided however, that in no event

16

shall the

period of limitation be extended by more than five years

17

beyond the period otherwise applicable under subdivision two

of

this

18

section.

 

19

§ 3. Section 50.10 of the criminal procedure law is amended to read as

20

follows:

 

21

§ 50.10 Compulsion of evidence by offer of immunity; definitions of

22

terms.

23

The following definitions are applicable to this article:

 

24

1. "Immunity."

Based

upon the subject matter of the legal proceeding

25

in

which a person gives evidence, such person may receive either "tran-

26

sactional"

or "use" immunity.

 

27

(a)

"Transactional immunity." A person who has been a witness in a

28

legal proceeding, and who cannot, except as otherwise provided in this

29

subdivision, be convicted of any offense or subjected to any penalty or

30

forfeiture for or

on

account of

any transaction, matter or thing

31

concerning which he gave evidence therein, possesses ["immunity"]

"tran-

32

sactional

immunity" from any such conviction, penalty or forfeiture.

33

(b)

"Use immunity."

A

person

who

has been a

witness in a legal

34

proceeding,

and neither the evidence

given

by

that

witness

nor

any

35

evidence

derived directly or indirectly therefrom may be used against

36

the

witness in the same or any other criminal proceeding or in the impo-

37

sition

of any penalty or forfeiture possesses "use immunity".

 

38

(c)

A person who possesses [such] transactional

immunity

or use

immu-

39

nity may nevertheless be convicted of perjury as a result of having

40

given false testimony in such legal proceeding, and may be convicted of

41

or adjudged in contempt as a result of having contumaciously refused to

42

give evidence therein,

and

the evidence

given

by

the

person

at

the

43

proceeding

at which the person possessed either transactional immunity

44

or

use immunity may be used against such person in any such prosecution

45

for

perjury or prosecution or judgment for contempt.

 

46

2. "Legal proceeding" means a proceeding in or before any court or

47

grand jury, or before any body, agency or person authorized by law to

48

conduct the same and to administer the oath or to cause it to be admin-

49

istered.

 

50

3. "Give evidence" means to testify or produce physical evidence.

 

51

§ 4. Subdivision 3 of section 50.20 of the criminal procedure law is

52

amended to read as follows:

 

53

3.

A witness who is ordered to give evidence pursuant to subdivision

54

two

of

this section and who complies with such order receives either

AB

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14

A. 8555

1

transactional

immunity or

use immunity. [Such] In

a

legal proceeding

2

involving,

in whole or in part, any misconduct, nonfeasance or neglect

3

in

public office by a public servant, whether criminal or otherwise, or

4

any

fraud upon

the state, a political subdivision of the state or a

5

governmental

instrumentality within the state such witness receives use

6

immunity.

A witness in a legal proceeding involving any other subject

7

matter

receives transactional immunity. In either case, such witness is

8

not deprived of such immunity because such competent authority did not

9

comply with statutory provisions requiring notice to a specified public

10

servant of intention to confer immunity.

 

11

§ 5. Paragraph (b) of subdivision 1 of section 170.30 of the criminal

12

procedure law is amended, and a new subdivision 4 is added

 

to

read

as

13

follows:

 

14

(b)

The defendant has received immunity from prosecution

as

defined

15

in

paragraph (a) of subdivision one

of section 50.10 of this chapter for

16

the offense charged, pursuant to sections 50.20 or 190.40,

or

allega-

17

tions

in the information, simplified information, prosecutor's informa-

18

tion

or misdemeanor complaint are based on evidence protected by use

19

immunity

as defined in paragraph (b) of subdivision one of section 50.10

20

of

this chapter; or

 

21

4.

Where the defendant establishes in his or her motion that use immu-

22

nity

has been conferred upon him or her, the people must then establish,

23

by

a preponderance of the evidence, that such evidence was not derived,

24

directly

or indirectly, from the evidence as to which such immunity was

25

conferred.

 

26

§ 6. Subdivision 2 of section 190.40 of the criminal procedure law,

27

paragraph (c) as added by chapter 454 of the laws of 1975, is amended to

28

read as follows:

 

29

2. A witness who gives evidence in a grand jury proceeding

involving,

30

in

whole or in part, any misconduct, nonfeasance or neglect in public

31

office

by a public servant, whether criminal or otherwise, or any fraud

32

upon

the state, a political subdivision of the state or a governmental

33

instrumentality

within the state receives use immunity witness in a

A

34

grand

jury proceeding involving any other subject matter receives tran-

35

sactional

immunity. In either case, such witness receives such immunity

36

unless:

37

(a)

He

or

she has effectively waived such immunity pursuant to

38

section 190.45; or

 

39

(b) Such evidence is not responsive to any inquiry and is gratuitous-

40

ly given or volunteered by the witness with knowledge that it is not

41

responsive[.]

;

or

42

(c) The evidence given by the witness consists only of books, papers,

43

records or other physical evidence of an enterprise, as defined in

44

subdivision one of section 175.00 of the penal law, the production of

45

which is required by a subpoena duces tecum, and the witness does not

46

possess a privilege against self-incrimination with respect to the

47

production of such evidence. Any further evidence given by the witness

48

entitles the witness to immunity except as provided in [subparagraph]

49

paragraphs

(a) and (b) of this subdivision.

 

50

§ 7. Paragraph (d) of subdivision 1 of section 210.20 of the criminal

51

procedure law is amended to read as follows:

 

52

(d) The defendant has

transactional

immunity,

as

defined in paragraph

53

(a)

of subdivision one of section 50.10 of this chapter, with respect to

54

the offense charged, pursuant to section 50.20 or 190.40; or

 

55

§

7-a.

Section 210.35 of the criminal procedure law is amended by

56

adding a new subdivision 4-a to read as follows:

 

AB

S. 6355

15

A. 8555

1

4-a.

Evidence protected by use immunity was used to obtain the indict-

2

ment;

or

 

3

§ 8. The opening paragraph and subdivisions 6 and 7 of section 710.20

4

of the criminal procedure law, the opening paragraph and subdivision 6

5

as amended by chapter 8 of the laws of 1976, subdivision 7 as added by

6

chapter 744 of the laws of 1988, and subdivision 6 as renumbered by

7

chapter 481 of the laws of 1983, are amended and a new subdivision 8 is

8

added to read as follows:

 

9

Upon motion of a defendant who (a) is aggrieved by unlawful or improp-

10

er acquisition of evidence and has reasonable cause to believe that such

11

may be offered against him in a criminal action, or (b) claims that

12

improper identification testimony may be offered against him in a crimi-

13

nal action,

or

(c) claims that evidence as to the use of

which he or she

14

possesses

immunity, as defined in paragraph (b) of subdivision one of

15

section

50.10 of this chapter, may be offered against him in a criminal

16

action,

a court may, under circumstances prescribed in this article,

17

order that such evidence be suppressed or excluded upon the ground that

18

it:

19

6. Consists of potential testimony regarding an observation of the

20

defendant either at the time or place of the commission of the offense

21

or upon some other occasion relevant to the case, which potential testi-

22

mony would not be admissible upon the prospective trial of such charge